NEA Seeks Release of Education Department Documents
Faced with stonewalling by the U.S. Department of Education
to its request for government documents that deal with certain provisions
of the federal education law, the National Education Association (NEA)
went to court July 31, 2003, to force the department to comply with federal
law.
The complaint notes that NEA filed a Freedom of Information Act (FOIA)
request April 10 with the Department of Education asking for all written
material that details why the department retreated from its previous interpretation
of a provision of the reauthorized Elementary and Secondary Education
Act (ESEA), also known as the "No Child Left Behind" Act. The
provision [Section 1116(d)] ensures that ESEA mandates regarding school
improvement and corrective action cannot override the rights of school
employees under federal, state, or local laws or collective bargaining
agreements.
By law, the Department of Education was required to deliver these documents
to NEA by May 8, or else explain why it could not comply. The department
missed the statutory deadline, and despite repeated attempts by NEA to
obtain the documents, and multiple promises by the department that it
would cooperate, the documents have yet to be released.
"This was a very simple request, and the law is absolutely clear
that the Department of Education must respond," said NEA President
Reg Weaver. "At a time when there are so many crucial education issues
to discuss and debate, we would have preferred not to file a lawsuit,
but millions of teachers and other school employees deserve to know why
the Department has suddenly changed its mind and decided to silence their
voices.
"While everyone speaks about holding schools, teachers and students
accountable, we also believe that the Department should be held responsible
for meeting its legal obligations," added Weaver.
NEA filed the complaint today in the U.S. District Court for D.C. Attached
is a chronology of the NEA's FOIA requests and efforts to acquire the
documents from the Department of Education.
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CHRONOLOGY OF NEA's FOIA REQUEST
* April 10, 2003 - The National Education Association (NEA) makes a request
under the federal Freedom of Information Act to the Education Department
for documents related to the revision of the Elementary and Secondary
Education Act, also known as "No Child Left Behind" (NCLB).
* May 8, 2003 - The Education Department misses statutory deadline for
responding to request.
* June 6, 2003 - NEA sends a follow-up letter, noting missed deadline
and reiterating request.
* July 31, 2003 - NEA files suit, seeking a court order compelling the
Education Department to respond to the request for NCLB documents.
OnWEAC Resource Page on ESEA
Posted August 12, 2003